Can a maintenance order be varied under s. 17(4) of the Divorce Act?
British Columbia, Canada
The following excerpt is from Weinstein v. British Columbia (Director of Maintenance Enforcement), 1997 CanLII 3179 (BC CA):
In my view, it is plainly wrong. It is settled law that a maintenance order can be varied under s. 17(4) of the Divorce Act only when a material change of circumstances is established: Willick v. Willick 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670. The chambers judge found that both parties' financial circumstances had improved significantly between 1983 and 1996. However, he did not identify any change in circumstances in 1983 or 1984.
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